WALIMUDDIN KHAN & ORS. vs UNION OF INDIA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 03.02.2025 Pronounced on: 25.04.2025 + W.P.(C) 7956/2014 WALIMUDDIN KHAN AND ORS. .....Petitioners Through: Mr.Shreenath A. Khemka, Mr.Ganesh A. Khemka and Mr.Shubham, Advs. versus UNION OF INDIA AND ORS .....Respondents Through: Mr.Manish Mohan, CGSC with Mr.Jatin Teotia,Mr.Varenyum, Ms.Aishani Mohan, Advs. Col. Maheshwar Sharma CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT NAVIN CHAWLA, J. 1. This petition has been filed under Article 226 of the Constitution of India, seeking a direction to the respondents to grant to the petitioners herein a revised pay scale of Rs. 5,000-8,000 with effect from 01.01.1996, in accordance with the Sixth Central Pay Commission (‘6th CPC’). 2. The petitioners have filed the present petition alleging therein that the petitioners were appointed as Assistant Chargeman (Signals) (‘ACM(Op) Signals’) in the Border Roads Organisation (‘BRO’) between 1985 and 1998 in accordance with the General Reserve Engineer Force Group 'C' and Group 'D' Recruitment Rules, 1982 (‘Recruitment Rules’). 3. The Recruitment Rules provided the essential qualification for appointment to the post of ACM (Op) Signals to be "3 Years Signature Not Verified Digitally Signed W.P.(C) 7956/2014 Page 1 of 19 By:RENUKA NEGI Signing Date:25.04.2025 20:05:46 recognized Diploma in Electronics/Telecommunication/Radio Engineering". This post fell under the Technical Supervisory/JCOs Cadre and carried the pay scale of Rs. 4000-100-6000 (Pre- revised)/PB-1 with a Grade Pay of Rs. 2400/- (Revised). 4. In 1996, the Recruitment Rules were amended for certain posts including Overseer, Charge Mechanic, and Charge Electrician, whereby the "Diploma" was added as an essential qualification for these